81_FR_6951 81 FR 6925 - Motor Carriers of Passengers That Serve Primarily Urban Areas With High Passenger Loads

81 FR 6925 - Motor Carriers of Passengers That Serve Primarily Urban Areas With High Passenger Loads

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 26 (February 9, 2016)

Page Range6925-6927
FR Document2016-02510

This request for comments is related to the implementation of a specific provision in section 32707 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) that requires an annual safety fitness assessment of certain motor carriers of passengers that serve primarily urban areas with high passenger loads. FMCSA requests comments about an appropriate definition of a ``curbside bus operator'' that will be subject to this annual safety fitness assessment and will be consistent with Congressional intent.

Federal Register, Volume 81 Issue 26 (Tuesday, February 9, 2016)
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6925-6927]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02510]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0481]


Motor Carriers of Passengers That Serve Primarily Urban Areas 
With High Passenger Loads

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of information and request for comments.

-----------------------------------------------------------------------

SUMMARY: This request for comments is related to the implementation of 
a specific provision in section 32707 of the Moving Ahead for Progress 
in the 21st Century Act (MAP-21) that requires an annual safety fitness 
assessment of certain motor carriers of passengers that serve primarily 
urban areas with high passenger loads. FMCSA requests comments about an 
appropriate definition of a ``curbside bus operator'' that will be 
subject to this annual safety fitness assessment and will be consistent 
with Congressional intent.

DATES: You must submit comments by April 11, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0481 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line Federal document management system 
is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: All comments received were posted without change to 
http://www.regulations.gov. In accordance with 5 U.S.C. 553(c), DOT 
previously solicited comments from the public to better inform its 
rulemaking process. DOT posted these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, (202) 385-2428, 
[email protected]. FMCSA office hours are from 9 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Background

    Motorcoach safety received increased public attention after several 
serious crashes during 2011, some of which involved ``curbside'' bus 
operators, passenger carrier operations often characterized by high 
passenger loads with service between urban areas. As a result, the 
National Transportation Safety Board (NTSB) conducted an investigation 
of motorcoach safety with an emphasis on curbside operations. One 
objective of the investigation was to describe the characteristics of 
the curbside business model among interstate motorcoach carriers. The 
NTSB examined a population of 4,172 active interstate motorcoach 
carriers operating in the United States and identified 71 of them as 
scheduled motorcoach carriers providing curbside service.
    In its ``Executive Report on Curbside Motorcoach Safety'' that was 
published on October 12, 2011, the NTSB stated

[[Page 6926]]

the following in describing curbside bus operators:

    The term ``curbside operations'' refers to a business model 
(that is, the means by which motorcoach service is provided) rather 
than a type of motorcoach carrier. In fact, no formal definition of 
curbside carriers exists, and federal and state oversight 
authorities have no unique categorization or tracking mechanism for 
these carriers. For the purpose of this report, curbside motorcoach 
operations are those in which interstate motorcoach carriers conduct 
scheduled trips from one city to another city or a destination and 
originate or terminate at a location other than a traditional bus 
terminal; most of these operations discharge passengers at one or 
more curbside locations.
    Although curbside motorcoach carriers apply a similar business 
model, they vary greatly in other characteristics. Some carriers 
operate large fleets of motorcoaches throughout the United States, 
whereas others have a fleet of only a few buses that operate in 
local regions.

    MAP-21 was signed into law on July 6, 2012. Section 32707, codified 
at 49 U.S.C. 31144(i)(4)(B), addresses improved oversight of motorcoach 
service providers. A ''motorcoach'' is defined in section 32707(b) of 
MAP-21 as an ``over-the-road bus;'' one with an elevated passenger deck 
over a baggage compartment. A motorcoach does not include a bus used in 
public transportation provided by a State or local government, or a 
school bus. The statute requires an annual assessment of the safety 
fitness of certain motor carriers of passengers that serve primarily 
urban areas with high passenger loads.

Implementation of Statutory Provision

    Section 31144(i)(4) requires that the Secretary:
     Reassess the safety fitness rating of each motor carrier 
of passengers at no less than once every 3 years; and
     Annually assess the safety fitness of certain motor 
carriers of passengers that serve primarily urban areas with high 
passenger loads.

    The language indicates Congress' intent to have two levels of 
oversight for motor carrier of passengers, a safety fitness rating 
every 3 years for each passenger carrier and, a safety fitness 
assessment annually for passenger carriers that serve primarily urban 
areas with high passenger loads. To effectively implement 49 U.S.C. 
31144(i)(4)(B), FMCSA must define which passenger carriers will be 
subject to the annual safety fitness assessment requirement. While 
Congress directed that carriers of passengers that serve primarily 
urban areas with high passenger loads be subject to this requirement, 
FMCSA does not collect urban area service or passenger volume 
information from motor carriers of passengers that are subject to the 
Agency's safety oversight.
    FMCSA believes Congress intends for the Agency to have increased 
safety oversight of the bus operators that generally provide low-cost, 
regularly scheduled passenger transportation service between major 
cities with curbside boarding and/or disembarking. Although some 
carriers purport to have a bus terminal/facility/station, the location 
used for passengers is a waiting area only outside of an office 
building and the passenger pickups and drop-offs occur at the curbside 
or in a parking lot.

Request for Comments

    Because FMCSA does not include in its regulations or regulatory 
guidance a definition of the term ``curbside bus operator,'' the Agency 
believes it is imperative that one be adopted in order to effectively 
implement 49 U.S.C. 31144(i)(4)(B). Therefore, the Agency proposes the 
following definition for identifying motor carriers of passengers that 
must undergo an annual assessment:

    ``Curbside Bus Operator'' means a motor carrier of passengers 
that serves primarily urban areas with high passenger loads, and 
uses 25% or more of its motorcoaches for operations with passenger 
pickups and drop-offs occuring at the curbside or in a parking lot.

    FMCSA would use this definition in identifying, tracking, and 
conducting the annual safety fitness assessments of every identified 
curbside bus operators. This definition would not have any impact on 
the enforcement of the applicable safety regulations. It would only be 
used to identify those carriers that Congress intends the Agency 
conduct annual safety assessments.
    FMCSA is considering the use of the following questions during the 
motor carrier registration process to identify curbside bus operators 
that transport high passenger loads:

Does your company operate 25% or more of its motorcoaches between 
cities providing for-hire passenger transportation that originates 
or terminates at locations other than terminals, such as street 
corners or outside a retail business?
Is your company required to obtain a permit from a local government 
to pick up or drop off at locations other than terminals, such as 
street corners or outside a retail business?

    The operation of a motorcoach to transport passengers is the 
FMCSA's interpretation of a high passenger load with implementation of 
49 U.S.C. 31144(i)(4)(B). Motorcoaches are large capacity passenger 
vehicles that are frequently operated by curbside bus operators.
    FMCSA requests public comments whether the proposed definition and 
questions are appropriate for idenitying curbside operators for 
implementation of the statutorily mandated annual safety fitness 
assessments.
    In addition to motor carriers of passengers that identify 
themselves as curbside bus operators through the motor carrier 
registration process, FMCSA will direct its enforcement personnel to 
designate passenger carriers as a curbside bus operators in the 
Agency's database when there is evidence that the carriers are 
conducting curbside bus operations, but fail to report it to the Agency 
or began curbside bus operations subsequent to registration. With this 
in mind, FMCSA is seeking input to the following questions.
    1. Should FMCSA identify all motor carriers of passengers that have 
both curbside operations and operations that originate/terminate at a 
traditional bus terminal as curbside bus operators requiring an annual 
safety assessment?
    2. Should a motor carrier of passengers that uses 25% or more of 
its motorcoaches for curbside operations be identified by FMCSA as a 
curbside bus operator requiring an annual safety assessment?
    3. Should FMCSA base the percentage of curbside operations on the 
number of motorcoaches used in that type of service? If not, then what 
measure should be used?
    4. Should FMCSA include passenger carrier operations that pick up 
passengers at the curbside in vehicles smaller than motorcoaches with 
the intent of transferring the passengers to a larger passenger vehicle 
such as a motorcoach as curbside bus operators requiring an annual 
safety assessment?
    5. Should a motor carrier of passengers applicant be required to 
self-identify as a curbside operator during registration with FMCSA?
    6. Should a motor carrier of passengers previously registered with 
FMCSA be required to self-identify as a curbside operator when updating 
its registration information as required by 49 CFR 390.201?
    7. Should FMCSA base the definition of an urban area on population, 
incorporated land area, defined commercial zones, urbanized area as 
defined by the U. S. Census Bureau, or some other criteria?
    8. Should a motor carrier of passengers with 25% or more of its 
motorcoach operation taking place in primarily urban areas be 
identified by

[[Page 6927]]

FMCSA as a curbside bus operator requiring an annual safety assessment?
    9. Is there any additional criteria we should consider to identify 
which motor carrier of passenger should be defined as a curbside bus 
operator requiring an annual safety assessment?

    Issued under the authority delegated in 49 CFR 1.87 on: January 
29, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-02510 Filed 2-8-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                               Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices                                            6925

                                                  ADDRESSES:  The meeting will be held at                   Issued in Washington, DC, on February 4,            comment. Please see the Privacy Act
                                                  RTCA, Inc., 1150 18th Street NW., Suite                 2016.                                                 heading below.
                                                  910, Washington, DC 20036, Tel: (202)                   Latasha Robinson,                                        Docket: For access to the docket to
                                                  330–0655.                                               Management & Program Analyst, NextGen,                read background documents or
                                                                                                          Enterprise Support Services Division, Federal         comments, go to www.regulations.gov at
                                                  FOR FURTHER INFORMATION CONTACT:     The                Aviation Administration.                              any time or visit Room W12–140 on the
                                                  RTCA Secretariat, 1150 18th Street NW.,                 [FR Doc. 2016–02550 Filed 2–8–16; 8:45 am]            ground level of the West Building, 1200
                                                  Suite 910, Washington, DC 20036, or by                  BILLING CODE 4910–13–P                                New Jersey Avenue SE., Washington,
                                                  telephone at (202) 833–9339, fax at (202)                                                                     DC, between 9 a.m. and 5 p.m., ET,
                                                  833–9434, or Web site at http://                                                                              Monday through Friday, except Federal
                                                  www.rtca.org or Trin Mitra, TOC                         DEPARTMENT OF TRANSPORTATION                          holidays. The on-line Federal document
                                                  Secretary, RTCA, Inc., tmitra@rtca.org,                                                                       management system is available 24
                                                  (202) 330–0655.                                         Federal Motor Carrier Safety                          hours each day, 365 days each year. If
                                                                                                          Administration                                        you want acknowledgment that we
                                                  SUPPLEMENTARY INFORMATION:      Pursuant
                                                  to section 10(a)(2) of the Federal                      [Docket No. FMCSA–2015–0481]                          received your comments, please include
                                                  Advisory Committee Act (Pub. L. 92–                                                                           a self-addressed, stamped envelope or
                                                  463, 5 U.S.C., App.), notice is hereby                  Motor Carriers of Passengers That                     postcard or print the acknowledgement
                                                  given for a meeting of RTCA Tactical                    Serve Primarily Urban Areas With High                 page that appears after submitting
                                                  Operations Committee. The agenda will                   Passenger Loads                                       comments on-line.
                                                  include the following:                                                                                           Privacy Act: All comments received
                                                                                                          AGENCY:  Federal Motor Carrier Safety                 were posted without change to http://
                                                  Thursday, March 3, 2016                                 Administration (FMCSA), DOT.                          www.regulations.gov. In accordance
                                                                                                          ACTION: Notice of information and                     with 5 U.S.C. 553(c), DOT previously
                                                  1. Opening of Meeting/Introduction of                   request for comments.                                 solicited comments from the public to
                                                       TOC Members—Co Chairs Dale                                                                               better inform its rulemaking process.
                                                       Wright and Bryan Quigley                           SUMMARY:   This request for comments is               DOT posted these comments, without
                                                  2. Official Statement of Designated                     related to the implementation of a                    edit, including any personal information
                                                       Federal Official—Elizabeth Ray                     specific provision in section 32707 of                the commenter provides, to
                                                                                                          the Moving Ahead for Progress in the                  www.regulations.gov, as described in
                                                  3. Approval of November 12, 2015                        21st Century Act (MAP–21) that
                                                       Meeting Summary                                                                                          the system of records notice (DOT/ALL–
                                                                                                          requires an annual safety fitness                     14 FDMS), which can be reviewed at
                                                  4. FAA Update—Elizabeth Ray                             assessment of certain motor carriers of               www.dot.gov/privacy.
                                                  5. FAA Response to Previous TOC                         passengers that serve primarily urban
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: Ms.
                                                       Recommendations: Caribbean                         areas with high passenger loads.
                                                                                                                                                                Loretta Bitner, (202) 385–2428,
                                                       Operations and Class B Airspace                    FMCSA requests comments about an
                                                                                                                                                                loretta.bitner@dot.gov. FMCSA office
                                                                                                          appropriate definition of a ‘‘curbside
                                                  6. Recommendations from the Airport                                                                           hours are from 9 a.m. to 5 p.m., e.t.,
                                                                                                          bus operator’’ that will be subject to this
                                                       Construction Task Group.                                                                                 Monday through Friday, except Federal
                                                                                                          annual safety fitness assessment and
                                                  7. Recommendations from the National                                                                          holidays. If you have questions on
                                                                                                          will be consistent with Congressional
                                                       Procedure Assessment Task Group                                                                          viewing or submitting material to the
                                                                                                          intent.
                                                                                                                                                                docket, contact Docket Operations,
                                                  8. Introduction to new PBN Route                        DATES: You must submit comments by                    telephone (202) 366–9826.
                                                       Structure Task                                     April 11, 2016.                                       SUPPLEMENTARY INFORMATION:
                                                  9. Discussion on potential task on                      ADDRESSES: You may submit comments
                                                       Graphical TFRs                                     bearing the Federal Docket Management                 Background
                                                  10. Update on the NextGen Advisory                      System (FDMS) Docket ID FMCSA–                          Motorcoach safety received increased
                                                       Committee (NAC)                                    2015–0481 using any of the following                  public attention after several serious
                                                                                                          methods:                                              crashes during 2011, some of which
                                                  11. FAA briefing on One Engine
                                                                                                            • Federal eRulemaking Portal: Go to                 involved ‘‘curbside’’ bus operators,
                                                       Inoperative (OEI) procedures
                                                                                                          www.regulations.gov. Follow the on-line               passenger carrier operations often
                                                  12. Anticipated Issues for TOC                          instructions for submitting comments.                 characterized by high passenger loads
                                                       consideration and action at the next                 • Mail: Docket Management Facility;                 with service between urban areas. As a
                                                       meeting                                            U.S. Department of Transportation, 1200               result, the National Transportation
                                                  13. Other Business                                      New Jersey Avenue SE., West Building                  Safety Board (NTSB) conducted an
                                                                                                          Ground Floor, Room W12–140,                           investigation of motorcoach safety with
                                                  14. Adjourn
                                                                                                          Washington, DC 20590–0001.                            an emphasis on curbside operations.
                                                    Attendance is open to the interested                    • Hand Delivery or Courier: West                    One objective of the investigation was to
                                                  public but limited to space availability.               Building Ground Floor, Room W12–140,                  describe the characteristics of the
                                                  With the approval of the chairman,                      1200 New Jersey Avenue SE.,                           curbside business model among
                                                  members of the public may present oral                  Washington, DC, between 9 a.m. and 5                  interstate motorcoach carriers. The
                                                  statements at the meeting. Plenary                      p.m., ET, Monday through Friday,                      NTSB examined a population of 4,172
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                                                  information will be provided upon                       except Federal Holidays.                              active interstate motorcoach carriers
                                                  request. Persons who wish to present                      • Fax: 1–202–493–2251.                              operating in the United States and
                                                  statements or obtain information should                   Each submission must include the                    identified 71 of them as scheduled
                                                  contact the person listed in the FOR                    Agency name and the docket number for                 motorcoach carriers providing curbside
                                                  FURTHER INFORMATION CONTACT section.                    this notice. Note that DOT posts all                  service.
                                                  Members of the public may present a                     comments received without change to                     In its ‘‘Executive Report on Curbside
                                                  written statement to the committee at                   www.regulations.gov, including any                    Motorcoach Safety’’ that was published
                                                  any time.                                               personal information included in a                    on October 12, 2011, the NTSB stated


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                                                  6926                         Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

                                                  the following in describing curbside bus                urban area service or passenger volume                frequently operated by curbside bus
                                                  operators:                                              information from motor carriers of                    operators.
                                                     The term ‘‘curbside operations’’ refers to a         passengers that are subject to the                       FMCSA requests public comments
                                                  business model (that is, the means by which             Agency’s safety oversight.                            whether the proposed definition and
                                                  motorcoach service is provided) rather than               FMCSA believes Congress intends for                 questions are appropriate for idenitying
                                                  a type of motorcoach carrier. In fact, no               the Agency to have increased safety                   curbside operators for implementation
                                                  formal definition of curbside carriers exists,          oversight of the bus operators that                   of the statutorily mandated annual
                                                  and federal and state oversight authorities             generally provide low-cost, regularly                 safety fitness assessments.
                                                  have no unique categorization or tracking               scheduled passenger transportation                       In addition to motor carriers of
                                                  mechanism for these carriers. For the
                                                                                                          service between major cities with                     passengers that identify themselves as
                                                  purpose of this report, curbside motorcoach
                                                  operations are those in which interstate                curbside boarding and/or disembarking.                curbside bus operators through the
                                                  motorcoach carriers conduct scheduled trips             Although some carriers purport to have                motor carrier registration process,
                                                  from one city to another city or a destination          a bus terminal/facility/station, the                  FMCSA will direct its enforcement
                                                  and originate or terminate at a location other          location used for passengers is a waiting             personnel to designate passenger
                                                  than a traditional bus terminal; most of these          area only outside of an office building               carriers as a curbside bus operators in
                                                  operations discharge passengers at one or               and the passenger pickups and drop-offs               the Agency’s database when there is
                                                  more curbside locations.                                occur at the curbside or in a parking lot.            evidence that the carriers are
                                                     Although curbside motorcoach carriers                                                                      conducting curbside bus operations, but
                                                  apply a similar business model, they vary               Request for Comments
                                                                                                                                                                fail to report it to the Agency or began
                                                  greatly in other characteristics. Some carriers
                                                  operate large fleets of motorcoaches                       Because FMCSA does not include in                  curbside bus operations subsequent to
                                                  throughout the United States, whereas others            its regulations or regulatory guidance a              registration. With this in mind, FMCSA
                                                  have a fleet of only a few buses that operate           definition of the term ‘‘curbside bus                 is seeking input to the following
                                                  in local regions.                                       operator,’’ the Agency believes it is                 questions.
                                                     MAP–21 was signed into law on July                   imperative that one be adopted in order                  1. Should FMCSA identify all motor
                                                  6, 2012. Section 32707, codified at 49                  to effectively implement 49 U.S.C.                    carriers of passengers that have both
                                                  U.S.C. 31144(i)(4)(B), addresses                        31144(i)(4)(B). Therefore, the Agency                 curbside operations and operations that
                                                  improved oversight of motorcoach                        proposes the following definition for                 originate/terminate at a traditional bus
                                                  service providers. A ’’motorcoach’’ is                  identifying motor carriers of passengers              terminal as curbside bus operators
                                                  defined in section 32707(b) of MAP–21                   that must undergo an annual                           requiring an annual safety assessment?
                                                  as an ‘‘over-the-road bus;’’ one with an                assessment:                                              2. Should a motor carrier of
                                                  elevated passenger deck over a baggage                    ‘‘Curbside Bus Operator’’ means a motor             passengers that uses 25% or more of its
                                                  compartment. A motorcoach does not                      carrier of passengers that serves primarily           motorcoaches for curbside operations be
                                                  include a bus used in public                            urban areas with high passenger loads, and            identified by FMCSA as a curbside bus
                                                  transportation provided by a State or                   uses 25% or more of its motorcoaches for              operator requiring an annual safety
                                                                                                          operations with passenger pickups and drop-           assessment?
                                                  local government, or a school bus. The                  offs occuring at the curbside or in a parking
                                                  statute requires an annual assessment of                                                                         3. Should FMCSA base the percentage
                                                                                                          lot.                                                  of curbside operations on the number of
                                                  the safety fitness of certain motor
                                                  carriers of passengers that serve                         FMCSA would use this definition in                  motorcoaches used in that type of
                                                  primarily urban areas with high                         identifying, tracking, and conducting                 service? If not, then what measure
                                                  passenger loads.                                        the annual safety fitness assessments of              should be used?
                                                                                                          every identified curbside bus operators.                 4. Should FMCSA include passenger
                                                  Implementation of Statutory Provision                   This definition would not have any                    carrier operations that pick up
                                                     Section 31144(i)(4) requires that the                impact on the enforcement of the                      passengers at the curbside in vehicles
                                                  Secretary:                                              applicable safety regulations. It would               smaller than motorcoaches with the
                                                     • Reassess the safety fitness rating of              only be used to identify those carriers               intent of transferring the passengers to
                                                  each motor carrier of passengers at no                  that Congress intends the Agency                      a larger passenger vehicle such as a
                                                  less than once every 3 years; and                       conduct annual safety assessments.                    motorcoach as curbside bus operators
                                                     • Annually assess the safety fitness of                FMCSA is considering the use of the                 requiring an annual safety assessment?
                                                  certain motor carriers of passengers that               following questions during the motor                     5. Should a motor carrier of
                                                  serve primarily urban areas with high                   carrier registration process to identify              passengers applicant be required to self-
                                                  passenger loads.                                        curbside bus operators that transport                 identify as a curbside operator during
                                                     The language indicates Congress’                     high passenger loads:                                 registration with FMCSA?
                                                  intent to have two levels of oversight for                                                                       6. Should a motor carrier of
                                                                                                          Does your company operate 25% or more of
                                                  motor carrier of passengers, a safety                   its motorcoaches between cities providing             passengers previously registered with
                                                  fitness rating every 3 years for each                   for-hire passenger transportation that                FMCSA be required to self-identify as a
                                                  passenger carrier and, a safety fitness                 originates or terminates at locations other           curbside operator when updating its
                                                  assessment annually for passenger                       than terminals, such as street corners or             registration information as required by
                                                  carriers that serve primarily urban areas               outside a retail business?                            49 CFR 390.201?
                                                  with high passenger loads. To                           Is your company required to obtain a permit              7. Should FMCSA base the definition
                                                  effectively implement 49 U.S.C.                         from a local government to pick up or drop            of an urban area on population,
                                                                                                          off at locations other than terminals, such as
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                                                  31144(i)(4)(B), FMCSA must define                                                                             incorporated land area, defined
                                                                                                          street corners or outside a retail business?
                                                  which passenger carriers will be subject                                                                      commercial zones, urbanized area as
                                                  to the annual safety fitness assessment                    The operation of a motorcoach to                   defined by the U. S. Census Bureau, or
                                                  requirement. While Congress directed                    transport passengers is the FMCSA’s                   some other criteria?
                                                  that carriers of passengers that serve                  interpretation of a high passenger load                  8. Should a motor carrier of
                                                  primarily urban areas with high                         with implementation of 49 U.S.C.                      passengers with 25% or more of its
                                                  passenger loads be subject to this                      31144(i)(4)(B). Motorcoaches are large                motorcoach operation taking place in
                                                  requirement, FMCSA does not collect                     capacity passenger vehicles that are                  primarily urban areas be identified by


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                                                                               Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices                                                 6927

                                                  FMCSA as a curbside bus operator                        Avenue SE., Washington, DC 20590–                        The application stated:
                                                  requiring an annual safety assessment?                  0001.                                                    TowMate is making this request because
                                                    9. Is there any additional criteria we                   Docket: For access to the docket to                the use of conventional hard wired
                                                  should consider to identify which motor                 read background documents or                          temporary stop, turn, and tail lights has many
                                                  carrier of passenger should be defined                  comments submitted to notice                          drawbacks that wireless tow lights solve.
                                                  as a curbside bus operator requiring an                 requesting public comments on the                     These include broken connections, frayed
                                                  annual safety assessment?                               exemption application, go to                          wires, burnt out incandescent bulbs, and the
                                                                                                          www.regulations.gov at any time or visit              potential to be snagged or pulled from the
                                                    Issued under the authority delegated in 49                                                                  tow light receptacle due to improper running
                                                  CFR 1.87 on: January 29, 2016.                          Room W12–140 on the ground level of
                                                                                                          the West Building, 1200 New Jersey                    of wires, and road hazards, along with the
                                                  T.F. Scott Darling, III,                                                                                      safety hazard of increasing the amount of
                                                                                                          Avenue SE., Washington, DC, between 9
                                                  Acting Administrator.                                                                                         time spent on the roadside or the scene of an
                                                                                                          a.m. and 5 p.m., ET, Monday through                   accident by stringing wired lighting systems
                                                  [FR Doc. 2016–02510 Filed 2–8–16; 8:45 am]              Friday, except Federal holidays. The on-              between vehicles and securing the wires.
                                                  BILLING CODE 4910–EX–P                                  line Federal document management                      With the advent of LED technology coupled
                                                                                                          system is available 24 hours each day,                with advancements in battery technologies,
                                                                                                          365 days each year. The docket number                 wireless tow lights are more reliable and
                                                  DEPARTMENT OF TRANSPORTATION                            is listed at the beginning of this notice.            better equipped for the rigors of daily
                                                                                                          SUPPLEMENTARY INFORMATION:                            temporary use.
                                                  Federal Motor Carrier Safety                                                                                     Temporary wireless stop, turn, tail lighting
                                                  Administration                                          Background                                            systems can operate for 10+ hours of
                                                                                                             FMCSA has authority under 49 U.S.C.                continuous use on a full charge, and in-cab
                                                  [Docket No. FMCSA–2015–0238]                                                                                  wire-less monitoring systems give the driver
                                                                                                          31136(e) and 31315 to grant exemptions                constant information on the functioning of
                                                                                                          from certain parts of the Federal Motor               the system, displaying state of charge of the
                                                  Parts and Accessories Necessary for                     Carrier Safety Regulations. FMCSA must
                                                  Safe Operation; TowMate, LLC                                                                                  battery inside the unit, displaying the
                                                                                                          publish a notice of each exemption                    functioning of the system during operation,
                                                  Application for an Exemption                            request in the Federal Register (49 CFR               and warning the driver if the unit is no
                                                  AGENCY: Federal Motor Carrier Safety                    381.315(a)). The Agency must provide                  longer functioning. In this sense, wireless
                                                  Administration (FMCSA), DOT.                            the public an opportunity to inspect the              tow lights provide a level of safety and
                                                                                                          information relevant to the application,              redundancy that is not currently required on
                                                  ACTION: Notice of final disposition.                                                                          wired temporary lighting systems. In an
                                                                                                          including any safety analyses that have
                                                                                                          been conducted. The Agency must also                  emergency situation with a drained battery,
                                                  SUMMARY:   The Federal Motor Carrier                                                                          power can be directly connected to the
                                                  Safety Administration (FMCSA)                           provide an opportunity for public                     temporary wireless stop, turn, and tail
                                                  announces its decision to grant                         comment on the request.                               lighting system from a standard 4 pin or 7
                                                  TowMate, LLC’s (TowMate) application                       The Agency reviews safety analyses                 pin electrical connection.
                                                  for a limited two-year exemption to                     and public comments submitted, and                       Without the proposed temporary
                                                  allow motor carriers to operate                         determines whether granting the                       exemption, tow and haul away operators will
                                                  rechargeable wireless temporary stop,                   exemption would likely achieve a level                be forced to continue to use cumbersome
                                                  turn, and tail lighting systems during                  of safety equivalent to, or greater than,             wired temporary towing light systems,
                                                                                                          the level that would be achieved by the               placing an unnecessary burden on their daily
                                                  temporary towing operations. Under the                                                                        operations. The current temporary lighting
                                                  Federal Motor Carrier Safety                            current regulation (49 CFR 381.305).
                                                                                                          The decision of the Agency must be                    requirements for stop, tail, and turn lamps
                                                  Regulations (FMCSRs), all required                                                                            require that the lamps receive their power
                                                  lamps, with the exception of battery-                   published in the Federal Register (49                 from a direct wired connection to the towing
                                                  powered lamps used on projecting                        CFR 381.315(b)) with the reasons for                  vehicle with no ascertainable benefit from
                                                  loads, must be powered by the electrical                denying or granting the application and,              doing such. Wireless tow lights afford
                                                  system of the motor vehicle. The                        if granted, the name of the person or                 benefits that wired systems are unable to,
                                                  Agency has determined that use of                       class of persons receiving the                        such as redundancies like monitoring the
                                                  rechargeable wireless temporary stop,                   exemption, and the regulatory provision               status of the unit in real time, thus assuring
                                                                                                          from which the exemption is granted.                  their proper operation at all times.
                                                  turn, and tail lighting systems during
                                                  temporary towing operations would not                   The notice must also specify the                      Comments
                                                  have an adverse impact on safety, and                   effective period and explain the terms
                                                                                                          and conditions of the exemption. The                     On August 6, 2015, FMCSA published
                                                  use of these systems under the terms                                                                          notice of the TowMate application and
                                                  and conditions of the exemption would                   exemption may be renewed (49 CFR
                                                                                                          381.300(b)).                                          requested public comment (80 FR
                                                  achieve a level of safety equivalent to or                                                                    47031). The Agency received thirteen
                                                  greater than the level of safety provided               TowMate’s Application for Exemption                   comments, all in support of TowMate’s
                                                  by the regulation. This decision is                                                                           application.
                                                                                                             TowMate applied for an exemption
                                                  consistent with an August 2005                                                                                   The Towing and Recovery
                                                                                                          from 49 CFR 393.23 to allow motor
                                                  amendment to the FMCSRs to allow                                                                              Association of America, Inc., and the
                                                                                                          carriers to operate rechargeable wireless
                                                  battery powered lamps on the rear of                                                                          Wisconsin Towing Association
                                                                                                          temporary stop, turn, and tail lighting
                                                  projecting loads.                                                                                             commented that hard-wired temporary
                                                                                                          systems during temporary towing
                                                  DATES: This exemption is effective                      operations. A copy of the application is              stop, tail and turn signal lighting
                                                  February 9, 2016 and ending February 9,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          included in the docket referenced at the              systems take additional time to install
                                                  2018.                                                   beginning of this notice.                             on the side of the road or highway as
                                                  FOR FURTHER INFORMATION CONTACT: Mr.                       Section 393.23, ‘‘Power Supply for                 compared to wireless systems, leaving
                                                  Luke Loy, Vehicle and Roadside                          Lamps,’’ provides that ‘‘All required                 tow operators vulnerable and at greater
                                                  Operations Division, Office of Carrier,                 lamps must be powered by the electrical               risk of being struck and injured by
                                                  Driver, and Vehicle Safety, MC–PSV,                     system of the motor vehicle with the                  passing motorists These commenters
                                                  (202) 366–0676, Federal Motor Carrier                   exception of battery powered lamps                    stated that use of rechargeable wireless
                                                  Safety Administration, 1200 New Jersey                  used on projecting loads.’’                           temporary stop, turn, and tail lighting


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Document Created: 2018-02-02 14:30:42
Document Modified: 2018-02-02 14:30:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of information and request for comments.
DatesYou must submit comments by April 11, 2016.
ContactMs. Loretta Bitner, (202) 385-2428, [email protected] FMCSA office hours are from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, contact Docket Operations, telephone (202) 366-9826.
FR Citation81 FR 6925 

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